December 6, 2007

Rate Freeze Leaves Most Homeowners Out In The Cold

the_soup_nazi017.jpgThe latest government bail out proposal reminds me a bit of Seinfeld. It is expected that the President will announce that the government has struck deals with some of the larger lending institutions where they will freeze the teaser rates *on some* of their subprime mortgage loans. Not everyone with an ARM that is about to rest will have their low introductory rate frozen for the next 5 years though.

If you are able to make your current teaser payment, and will also be able to make your adjusted payment - No Freeze For You

If you are unable to make your current teaser payment, and you will not be able to make your adjusted payment - No Freeze For You

Only those who can make their current teaser payment and will be unable to make their new adjusted payment will be eligible to have their payment frozen for the next 5 years.

Step to the left.

September 6, 2007

Facing Foreclosure? Bad Loan? Sue Your Broker

salesman.jpgI've talked here before about what you should do if you are facing foreclosure and want to avoid it at all costs.
  • Talk to your lender
  • Talk to HUD
  • Refinance
  • Declare bankruptcy
  • Negotiate a short sale
  • Sell your home fast
  • Well now there seems to be a new strategy developing. Sue your broker/lender for misleading you into an inappropriate loan. Today's Wall Street Journal discusses this new tactic here. A growing number of private lawyers, with help from consumer-rights groups and legal-aid lawyers, are pursuing legal relief for borrowers who got loans they had little chance of repaying and, the lawyers argue, shouldn't have been granted. Taking cases on a contingency-fee basis, these lawyers are giving borrowers the chance not only to stop foreclosure and rescind the loan, but also to seek damages for abuses in some cases. The aim is to prove that lenders granted fraudulent or "unconscionable" loans with terms skewed heavily in their favor, or to fight abuses by servicers such as phony fees that cause homeowners to default. The lawyers handling these cases are taking them on a contingency basis meaning they only get paid if they win. That means that many homeowners who pursue this course of action may not actually get an attorney to take their case unless their particular circumstances are a "slam dunk" win for the attorney.

    Homeowners considering suing their broker for their foreclosure need to remember that once the foreclosure action is filed, there is a limited amount of time to find a solution. Unless you have a remarkable set of circumstances - Don't waste your time trying to get an attorney to take your case. However if you do think that your case has merit, find an attorney qualified to handle wrongful foreclosure claim. This is a new area of law that not many attorney will know how to handle. Contact your local bar association and ask for a list of referrals. Also keep in mind that if you proceed and file a lawsuit against your broker/lender, and you lose, you may be required to pay the other side's legal fees.

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August 28, 2007

Subprime Loans, Foreclosure Rates, The Media and Madison Avenue

One thing that I find amazing is that while the media pundits constantly remind us of the sub-prime meltdown, the bursting of the housing bubble, the record number of foreclosure filings and the general doom of the overall real estate market and U.S. economy, they have no problem accepting new advertising from Countrywide, Quicken, DiTech and other mortgage lenders.

Read this article from Saturday's New York Times.


Consumer advocates say many ads are at best misleading and at worst steer consumers into risky loans with promises of low introductory rates that do not make clear that they could pay significantly more in a few months or years.

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August 16, 2007

I Have A Countrywide Mortgage, Or At Least I Think I Do

Countrywide, one of the nation’s leading single-family mortgage originators and servicers is having a tough day, week, month, year...... The company has been downgraded to a "sell" by Wall Street and they are having a tough time borrowing the money they need in order to fund new mortgages. There have been grumblings for months that Countrywide will be forced to declare bankruptcy but now those grumblings have grown into a growl and will soon be a roar.

If you have a mortgage from Countrywide, their possible bankruptcy filing should have no impact on you. Most likely your loan has already been sold to another lender. A majority of Countrywide’s mortgage loans are sold to Fannie Mae, Freddie Mac, or Ginnie Mae. About 36 percent of the loans go to Ginnie Mae, 48 percent to Fannie Mae, and the balance go to jumbo, nonconforming, and other investors. Countrywide typically retains the servicing rights to mortgages it sells in the secondary market.

The problem is going to be felt by all the people that have a closing date approaching and they were receiving their funding from Countrywide.

Tags: Countrywide : Mortgage : Bankruptcy

July 19, 2007

Foreclosure Rates Up - Inappropriate Loans To Blame

Unless you have been living under a rock for the past 18 or so months you have to know that foreclosure rates across the nation have been skyrocketing. Many of the experts are blaming the low interest adjustable rate loans that people took out when the market was red hot. These great teaser loans allowed them to buy homes they normally would not be able to afford. Mortgage brokers that were writing inappropriate loans for home that they had to know people could not continue to afford are also to blame.

Thank goodness we have all learned our lesson and are changing our ways!

Then I saw this press release from First Atlantic Mortgage Services.


Looking to become a home owner? First Atlantic Mortgage Services (www.[URL INTENTIONALLY REMOVED].com) offers two new loan plans to help mortgage applicants buy the house of their dreams -- no matter what the cost.

Nice job - keep throwing new people into the foreclosure pool for the sake of making a buck. There is surely a special place in hell for these people.

Tags: Foreclosure : Mortgage : New Jersey

UPDATE: 4:55 PM 7/19/2007: At least these guys are starting to get it.


July 10, 2007

Is Your Adjustable Rate Mortgage About To Reset?

Remember back in 2004 / 2005 when the market was red hot and if you owned a home you were constantly receiving solicitaions to refinance your existing mortgage into an low interest ARM? The come ons were all the same: Cash Out Your Equity - Pay Off Credit Cards - Take A Vacation - Remodel Your Kitchen/Bath. Nobody believed that the market value of their home was so off and was also no way that when the market corrected itself the amount they had mortgaged would be more than the home's value.

Unfortunately for many homeowners lured into borrowing cheap, low interest money, that is exactly what has happened. From the Consumerist - Subprime Meltdown: Doomsday Coming in October For The Subprime Mortgage Industry


Many consumers who signed up for adjustable rate mortgages in 2004 and 2005 will see their mortgage payments jump this October, according to CNNMoney. With foreclosure rates already as high as one foreclosure filing for every 656 households in the US, this can't be good news.

From CNNMoney:

"In October alone more than $50 billion in ARMs will reset," according to Mark Zandi, chief economist and co-founder of Moody's Economy.com. That's a record, according to Zandi.

So, what exactly will happen to the more than two million homeowners whose ARM's will reset in October?

A buyer in 2005 with poor credit and limited means might have signed on for a $200,000 2/28 hybrid ARM, locking in a fixed rate of 4 percent for two years. After paying $955 a month, his bill would now be set to spike to $1,331, a 39 percent increase.

The chief economist for the Mortgage Banker's Association estimates that about 600,000 of these homeowners will get into trouble, and about 300,000 of them will lose their homes. How did this happen?

"There were increasingly poor quality loans made starting in the spring of 2005," he said, "with the poorest of all made during the fall of 2006."

Lenders approved many borrowers who had little chance of being able to afford the payments two and three years out. They approved applications without any proof of income or assets ("liar loans") and others that barely could make the low teaser-rate payments. Some borrowers chose interest-only ARMs, which left the principal of the loan untouched

For an insider's look at the shady techniques subprime lenders used to foist ARM loans on unsuspecting people who did not know they couldn't afford them, check out this story from NPR about mortgage lender Ameriquest.

If you are a homeowner who has an ARM that already has, or is about to reset to a higher interest rate, and you do not have enough equity to refinance, talk to us about possible solutions that will prevent foreclosure and ruining your credit.

Technorati Tags - ARM : Subprime : Mortgage : Foreclosure : Credit

June 20, 2007

Mortgage Loan Term Dictionary

How much do you know about your mortgage? Do you have a fixed or is it adjustable? What is your interest rate and APR? Is there a balloon payment due at any point? Are the monthly payments being applied to the principal of the loan?

If you don't know the answers to these questions you should go to your desk, safe, firebox, sock drawer and pull out the copy of your mortgage and settle in for a nice evening of reading. Chances are you are going to have questions as to the terms in the document. That is where this week's Homeowner Web Resource comes in.

Fire up your computer and go over to the Mortgage Loan Term Dictionary and get ready to be enlightened as to your mortgage commitment.

Tags: Mortgage : Loan

May 20, 2007

Mortgage Lender Implode-O-Meter

This week's Homeowner Web Resource is The Mortgage Lender Implode-O-Meter which tracks the housing finance breakdown: a saga of corruption, stupidity, and government complicity.

As of today there have been 73 mortgage lenders specializing in sub-prime loans that have gone deep six.

Subscribe to receive updates from the Implode-O-Meter by RSS - I am sure that you have subscribed to the Answers For Owners feed already.

May 19, 2007

Ohio Attorney General Buck'eyeing' The Bulls

According to this report from Reuters, Ohio's Attorney General Marc Dann is investigating whether Wall Street investment banks were involved with fraudulent subprime lending. Deceptive lending practices such as falsifying income on loan applications and providing loans to people that they were not suited for has attributed to the rash of foreclosures in Ohio.

According to the latest release from RealtyTrac, Ohio (along with California and Florida) documented the largest foreclosure totals in the nation in April 2007.


Ohio’s foreclosure activity surged in April, up 39 percent from the previous month and up 135 percent from April 2006, pushing the state’s foreclosure total to third largest in the nation. The state reported 11,431 foreclosure filings during the month, a foreclosure rate of one foreclosure filing for every 418 households — 1.9 times the national average.

According to Dann, it is possible his office may bring RICO charges against the investment banks if his investigation shows that they funded lenders who provided high-cost risky mortgages to people with weak credit.

May 12, 2007

Mortgage Default Crisis Just Starting

The number of homeowners who are defaulting on their mortgages is just starting to show its true size. While many may believe that the crisis is in full swing, it actually is just beginning. Tip of the hat to New York City Housing Bubble which pointed me to this post by the Market Oracle.

The image below shows an annual breakdown of the number of ARM mortgages that have been written since 1990.Mortgage.jpg ARMs gained popularity in 2003 and remained in high demand during the boom years when residential real estate market experienced unparalleled appreciation.

Now however we are just beginning to see the ARMs issued in 2003 begin to reset. The resetting has caused homeowner's monthly payments to rise to a point that their income cannot support paying, thus the high rate of default. But as you can see by the chart below, this is just the tip of the default iceberg. Over a trillion dollars in ARMS will adjust in rates over the next 5 years.

Reset.jpg


Homeowners with ARMs that have not adjusted yet need to start to think about what they can do to improve their chances of not defaulting on their mortgage when that reset date comes. For many that will mean refinancing and paying the penalty that ARMs typically charge or finding additional income sources to support the increased monthly expense. However, many homeowners may find that their best solution will be to sell. Whether a homeowner stays or sells, the one thing that they must do is pay attention to their finances and the overall market conditions.

When your ARM resets you don't want your HEAD in the sand
May 11, 2007

New Jersey Tightening Reigns on $100 Loan Officers

New Jersey is considering increasing the level of scrutiny placed on mortgage loan officers operating in the state. State Senator Barbara Buono, D-Middlesex is the primary sponsor of a bill that if passed will require training, licensing exams and criminal background checks for loan officers.

While New Jersey is usually viewed as a progressive state, in this area we are really behind the curve. Most of the nation already have regulations that are placed on loan officers.


Other states have adopted similar requirements to deter fly-by-night loan officers. When Illinois enacted its regulations in 2004, 40 percent of the 29,000 applicants flunked the licensing exam. Another 800 failed the background check.

Currently in New Jersey a person only needs to pay a $100 registration fee to assume that role.

Housing advocates are saying that regulation and oversight alone are not enough to ensure the ethics of those working as loan officers. Wouldn't it be better to push the oversight of the loan officers onto the lending institutions that they are working for? By penalizing the lenders for inappropriate loans originated by their loan officers, the onus is placed back where it belongs and can be adequately overseen and enforced.


In the past five years, the number of New Jersey mortgage solicitors nearly tripled -- from 14,476 in 2002 to 42,433 as of earlier this year -- according to the state Department of Banking and Insurance. Average salaries for state loan officers exceeded $63,000 in 2005, Bureau of Labor Statistics show.

Thats sure is a lot of $100 loan officers out there - hmmm a lot of sub-prime loans failing too!

Read more here

May 10, 2007

Ethical Mortgage Brokers Stand Up And Be Counted

One of the many real estate blogs that I follow is HousingPANIC (soon to be added among others to my Fellow Bloggers sidebar). I find its author presents an honest and ethical review of the happenings in an industry that at times is anything but.

I have talked here about the how the problem of unethical lending practices both by loan officers and institutions has added to the rash of foreclosures and accounts partly for many of the problems homeowners are facing today. When I was reading HP today I saw this open letter authored by Morgan Brown, a mortgage broker who seems to be acting as part of the solution instead of the problem. By the way, Morgan also has blog that is worth taking a look at.

May 9, 2007

Foreclosure Numbers in the Northeast

Foreclosure rates in Philadelphia and its surrounding counties are lower than in the rest of the country while the number of foreclosures for Philly's neighbors in New Jersey have risen over 50%.

In the first quarter of 2007, pending existing-home sales for this region were down just 5.3 percent, or 685 houses, compared with the same period in 2006, according to data compiled by Trend, the multiple-listing service (MLS). It took about two weeks longer to sell a house this year than it did last year, but median prices continued to increase, the Trend data showed.

According to this article, one reason why the Philadelphia housing market is not experiencing the same high foreclosure rates as other cities could be attributed to borrowers in this region are more likely to have a 30 year fixed rate loan versus an adjustable ARM. Another reason could also be that the home prices in the Philadelphia market did not experience the same run-up during the height of the real estate boom over the past few years. New York, New Jersey and Washington saw their home values rise dramatically and many owners rushed to take equity out of their homes so they could pay off credit cards or take on renovations. Many of those homeowners are now upside down on their homes.

Top Ten Highest Foreclosure States
Nevada
Colorado
Georgia
Michigan
California
Florida
Arizona
Ohio
Texas
New Jersey

May 7, 2007

Deceptive Lending Practices Hurting Families

I read this story which unfortunately is becoming more and more common everyday. Lenders are approving unqualified buyers for mortgages that they cannot afford and people who were thrilled that they could own a home are now losing it. While irresponsible lending practices can effect any group, low-income and minority populations seem to be experiencing the hardest hit during the market's downturn.

Hispanics are twice as likely as whites to end up with a subprime loan, and blacks three times as likely, according to data from the Home Mortgage Disclosure Act. Forty percent of first home loans Latinos received in 2005 were subprime, compared with 52 percent for blacks and 19 percent for whites, the data show.

While I believe that there is a special place in hell for lenders and their officers who knowingly approve loans for people they know cannot afford them, the borrower also bears responsibility for their situation. Many borrowers do not know or understand the terms of the loans they are agreeing to repay. Most people who are buying a home inspect the property and ask questions of the current owner, not many ask any questions about the loan they will be responsible for paying for the next 30+ years. From the above referenced article: "Zapata admits he had been in a hurry to sign and glossed over key details in his contract."

Buyer beware goes for both the property and the loan
May 6, 2007

What Kind of Borrower Am I?

Current homeowners looking to refinance, or soon to be homeowners looking to buy need to know what kind of borrower they are (in they eyes of lenders) before they rush into any mortgage. Typically borrowers fall into 3 categories, prime, "Alternative A", and sub-prime.

Borrowers who are viewed as 'prime borrowers' easily qualify for a lender's best interest rates and usually has a FICO score in the low 700s. As a prime borrower you should qualify for a mortgage interest rate that is less than the prime rate (check today's rate).

Borrowers with good credit but not yet viewed as Prime fall into the Alternative A category. Alternative A borrowers are considered less risky than a subprime borrower but aren't as creditworthy as someone in the prime category. The inability to verify income is a factor of Alt-A borrowers. The interest rate Alt-A borrowers pay is lower than a subprime loan but not as low as a Prime borrower.

Subprime loans are typically made to borrowers who have spotty credit records. The interest rates on these loans are usually at the prime rate or higher and they have nontraditional terms which are attractive yet risky. Some of the nontraditional terms will allow borrowers to pay interest only or offer them adjustable rates that start really low (1 or 2%) but are subject to sudden spikes after a certain time. These low teaser rate loans often have high penalties for the borrower if they refinance the loan prior to the spike in the interest rate.

Generally you enter subprime territory when you have a credit score in the low 600s. Each lender sets its own benchmark for subprime customers. One lender may set the bar at a credit score of 650 or below, another might set the bar at 620.

But a low credit score isn't the only factor that may push you into a subprime loan. You might only qualify for such a loan if you have a low downpayment or you can't accurately document your income.

In the case of home loans, the subprime borrowers you're hearing about these days are defaulting because market conditions have made their mortgages more expensive. Many people with adjustable-rate loans have seen their rates jump as other short-term interest rates have risen, pushing up their monthly payments. Others took out loans with teaser rates hoping they could refinance into better loans. When they couldn't because their income fell or their home's value declined, they got stuck with mortgage payments they couldn't afford.

May 4, 2007

Behind on Mortgage? Short Sale May Be a Solution But Be Aware of Uncle Sam

You are behind on your mortgage payments and your lender has stared the foreclosure process according to the rules of your state. When you take into account the principle amount of your loan along with the past due payments, interest and fees, you learn that you actually owe more than you can get if you sell your house. What do you do?

One option is for you, or someone on your behalf, to work with your lender to negotiate what is called a short-sale, where the lender will accept less than what you owe on your mortgage as payment in full. Great, you are able to save your credit by not having a foreclosure appear and the bank does not have the expense of foreclosing on the property and then managing it until they can find a buyer. Win-Win right? Maybe not because Uncle Sam is still there with his hand out, looking for the taxes he's owed on the money you profited when the bank accepted less than what you owed.

You are probably asking yourself "what profit? I didn't put any cash into my pocket" Under current tax law, when a bank agrees to take less than what is owed on a loan as payment in full, they are required to let the IRS know by filing a 1099-C form and you the homeowner are responsible for the taxes due on the discounted amount. Read this article from the Baltimore Sun for more information.

Homeowners who are considering negotiating a short sale need to know that there is a good chance that if they are able to strike a deal with the bank, they may still be responsible for the taxable amount of the difference. While a homeowner's initial reaction may be that they do not want to be on the hook for a $20,000 tax bill from the government, it is important to weigh that against the damage that a foreclosure on their credit report for years to come. If you have a large tax bill from the IRS you can always work out a payment plan - if you have a foreclosure on your report you will not be able to get on with your financial life for many years after.

March 6, 2007

Mortgage or Deed of Trust?

All states either use a mortgage or a deed of trust to secure the lender's interests who have loaned money to a borrower so that they may buy real property such as a house, condo / townhouse, commercial building or land. A mortgage is used by some states including New Jersey as a means of a property owner pledging their rights to that property to the lender. The property is the collateral that is described in the loan's promissory note and the mortgage is the document that grants the lender certain rights.

A deed of trust is a document that pledges real property as security for the repayment of a funds that have been borrowed against it. A deed of trust involves three parties where a mortgage only involves two (the borrower and the lender). The three people involved in a deed of trust are the trustor (the borrower), the trustee (title or escrow company) and the beneficiary (the lender). Virginia, among other states, is a deed of trust state.

I have put together a list of states and whether or not they are a mortgage or deed of trust state as well as whether they are a judicial or non-judicial foreclosure state which you can download for free here.